Rule 1A:5 of the Rules of the Supreme Court of Virginia allows attorneys employed by a business entity, that is not a government entity, to practice law in Virginia on a limited basis. House attorneys may register under Part I or Part II of the rules, which have different practice limitations and obligations. Please visit the Virginia Pro Hac Vice but must comply with all of the requirements of an active member of the Virginia State Bar, such as annual MCLE requirements. Attorneys obtaining a Corporate Counsel Registration “opt out” of such requirements but cannot practice before Virginia courts without being admitted Virginia Admission on Motion. Time spent practicing under a Corporate Counsel Registration does not qualify.
General Eligibility
House attorneys are required to be exclusively employed by a for-profit or non-profit corporation, association, or other business entity, including subsidiaries and affiliates. The organization cannot be a government entity. The business has to consist solely of lawful activities other than the practice of law or the provision of legal services. The attorney’s primary purpose must be to provide legal services to the employer and includes attorneys holding himself or herself out as “in-house counsel,” “corporate counsel,” “general counsel,” or other similar title indicating the attorney is serving as legal counsel to the employer.
House attorneys are required to be one of the following:
- Regularly admitted and an active member of the Virginia Bar;
- Issued a Corporate Counsel Certificate as provided by Part I of the house counsel rules and thereby becoming an active member of the Virginia Bar with practice limited by the house attorney rules; or
- Registered with the Virginia Bar as provided in Part II. Attorneys cannot obtain a Corporate Counsel Certificate if they have been a member of the Virginia Bar and their Virginia license is revoked or suspended at the time of the application.
Virginia Corporate Counsel – Part I
Eligibility
Attorneys admitted to practice law in a state (other than Virginia), territory of the United States, or the District of Columbia may apply to the Virginia Bar for a certificate as a Registered Virginia Corporate Counsel (“Corporate Counsel Certificate) in order to practice as in-house counsel.
Practice
House attorneys issued a Corporate Counsel Certificate immediately become active members of the Virginia Bar and must pay the annual dues required by active bar members.
Practice is limited to being exclusively for the employer furnishing the Employer Affidavit and may include appearing before a Virginia court or tribunal as counsel for the employer. House attorney may also provide voluntary pro bono legal services in accordance with Virginia Rule of Professional Conduct 6.1.
House attorneys cannot:
- Undertake to represent any person other than his or her employer before a Virginia court or tribunal.
- Offer or provide legal services to any person other than his or her employer.
- Undertake to provide legal services to any other person through his or her employer.
- Hold himself or herself out to be authorized to provide legal services or advice to any person other than his or her employer.
House counsel practice is deemed the practice of law in Virginia. House attorneys are subject to all rules governing the practice of law in Virginia, including the Virginia Rules of Professional Conduct and the Rules of Procedure for Disciplining Lawyers (Rules of Court, Pt. 6, Section IV, Paragraph 13). House attorneys are subject to the same membership obligations as other active Virginia Bar members, including MCLE requirements. House attorneys have to use his or her employer’s business address as the address of record with the Virginia Bar.
House attorneys are also required to promptly report to the Virginia Bar any change in employment, any change in bar membership status in any state, territory of the United States, or the District of Columbia where the attorney has been admitted or the imposition of any disciplinary sanction in any jurisdiction where the attorney has been admitted to practice.
Application and Certification
Attorneys must file an Application with the Virginia Bar. The application includes:
- A certificate, signed by the presiding judge of the court of last resort of a jurisdiction where the applicant is admitted to practice law, stating the applicant is licensed to practice law and is an active member in good standing of the bar of that jurisdiction.
- Employer Affidavit. An affidavit, on a Virginia Bar form, from an officer of the applicant’s employer. The affidavit must attest to the fact that the applicant is employed as legal counsel to provide legal services exclusively to the employer, including subsidiaries and affiliates, that the nature of the applicant’s employment conforms to the requirements of Part I, and that the employer will notify the Virginia Bar immediately upon termination of the applicant’s employment.
- Attorney Affidavit. A certification that the applicant has read and is familiar with the Virginia Rules of Professional Conduct.
- Pay the $150 application fee.
While the application is pending approval, the applicant may be employed in Virginia as Certified Corporate Counsel on a provisional basis upon furnishing the required Employer Affidavit.
After the Virginia Bar’s approval, the applicant will take the oath required of attorneys at law at an appointed date and time. The motion and oath can be found here.
Termination
The authority to practice is automatically suspended when:
- The employment is terminated.
- The lawyer fails to comply with any provision of Part I of the house counsel rules; or
- When the lawyer is suspended or disbarred for disciplinary reasons in any state, territory of the United States or the District of Columbia or by any federal court or agency where the lawyer has been admitted to practice.
If the attorney’s employment has ceased, the attorney may be reinstated upon evidence satisfactory to the Virginia Bar that the attorney is in full compliance with the requirements of Part I of the house counsel rules. This includes a new employer affidavit.
If the attorney fails to comply with any provision of Part I of the house counsel rule, the attorney may be reinstated by compliance with applicable provisions of Part 6, Sec. IV, Par. 19 of the Virginia Supreme Court Rules.
If the attorney is suspended or disbarred for disciplinary reasons, the attorney may petition for reinstatement pursuant to Part 6, Sec. IV, Par. 13 I.7. of the Virginia Supreme Court Rules.
Corporate Counsel Registrants – Part II
Eligibility
Attorneys meeting the overall eligibility requirements may register with the Virginia Bar as a Corporate Counsel Registrant.
Attorneys may also register if they are admitted to the practice of law only in a country other than the United States, and are members in good standing of a recognized legal profession in that country, the members of which are admitted to practice law as lawyers, counselors at law, or the equivalent, and are subject to effective regulation and discipline by a duly constituted professional body or public authority, may also register under Part II of the house counsel rules.
Practice
Registered house attorneys must pay the annual dues required of active members to the Virginia Bar.
Registered house attorneys cannot:
- Undertake to represent his or her employer or any other person or entity before a Virginia court or tribunal unless admitted pursuant to the Virginia Pro Hac Vice Rules.
- Offer or provide legal services to any person other than his or her employer.
- Undertake to provide legal services to another through his or her employer.
- Hold himself or herself out to be authorized to provide legal services or advice to any person other than the employer
House attorneys must use his or her employer’s business address as the address of record with the Virginia Bar. Registered house attorneys are engaged in the practice of law in Virginia and are subject to all rules governing the practice of law in Virginia. These rules include the Virginia Rules of Professional Conduct and the Rules of Procedure for Disciplining Lawyers (Rules of Court, Pt. 6, Section IV, Paragraph 13).
House attorneys are required to promptly report to the Virginia Bar any change in employment, any change in bar membership status in any state, territory of the United States or the District of Columbia where the attorney has been admitted, or the imposition of any disciplinary sanction in any jurisdiction where the attorney has been admitted to practice.
Application and Certification
Attorneys must Register with the Virginia Bar. The registration must include:
- Attorney Affidavit. An affidavit that the attorney will at no time undertake to represent his or her employer or any other person, organization or business entity before a Virginia court or tribunal unless admitted pro hac vice, the attorney’s work is limited to business and legal services related to issues confronting his or her employer at a regional, national or international level with no specific nexus to Virginia, and he or she will not provide legal advice or services to any person other than his or her employer.
- A certificate, signed by the presiding judge of the court of law resort of a jurisdiction where the applicant is admitted to practice law, stating the applicant is licensed to practice law and is an active member in good standing of the bar of that jurisdiction.
- Employer Affidavit. An affidavit, on a Virginia Bar form, from an officer of the applicant’s employer. The affidavit must attest to the fact that the applicant is employed as legal counsel to provide legal services exclusively to the employer, including subsidiaries and affiliates, that the nature of the applicant’s employment conforms to the requirements of Part II, and that the employer will notify the Virginia Bar immediately upon termination of the applicant’s employment.
- A certification that the applicant has read and is familiar with the Virginia Rules of Professional Conduct.
- Pay the $150 application fee.
While the registration is pending approval, the applicant may be employed in Virginia as Certified Corporate Registrant on a provisional basis upon furnishing the required Employer Affidavit.
Upon approval by the Virginia Bar, the applicant will take the oath required of attorneys at law, and the applicant will receive a Corporate Counsel Registration
Termination
The authority to practice is automatically suspended when:
- The employment is terminated.
- The lawyer fails to comply with any provision of Part II of the house counsel rules; or
- When the lawyer is suspended or disbarred for disciplinary reasons in any state, territory of the United States or the District of Columbia or by any federal court or agency where the lawyer has been admitted to practice.
If the attorney’s employment has ceased, the attorney may be reinstated upon evidence satisfactory to the Virginia Bar that the attorney is in full compliance with the requirements of Part II of the house counsel rules. This includes a new affidavit furnished by the attorney’s new employer.
If the attorney fails to comply with any provision of Part II of the house counsel rules, the attorney may be reinstated by compliance with applicable provisions of Part 6, Sec. IV, Par. 19 of the Rules of the Supreme Court of Virginia.
If the attorney is suspended or disbarred for disciplinary reasons, the attorney may petition for reinstatement pursuant to Part 6, Sec. IV, Par.13 I.7. of the Rules of the Supreme Court of Virginia.